¡Disfruta de SmartLeges Premium!

Suscríbete a SmartLeges Premium y disfruta de estas ventajas:

  • Consulta tantas leyes como necesites, gratuitas o de pago, sin coste adicional
  • Consulta casi cualquier ley en varios países gracias al nuevo buscador avanzado. ¡Toda la legislación a tu alcance!
  • Disfruta de todas las características de SmartLeges sin restricciones
Ver los planes

Una aplicación imprescindible y gratuita para profesionales y estudiantes del sector jurídico

Leer más
 

¡Regístrate gratis!

¿Quieres consultar esta y otras leyes completas?

Regístrate gratis y podrás consultar las leyes en tu móvil o tablet, además de subrayar textos, añadir notas...

¡Regístrate gratis!

Compartir esta ley Otras leyes de India
Email Facebook Twitter Google Linkedin Tumblr

COKING COAL MINES (NATIONALISATION) ACT

Ministry of Law and Justice

Act nº 36 of 1972


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Chapter VII
  • Act nº 36 of 1972

Preamble

THE COKING COAL MINES (NATIONALISATION) ACT, 1972

[Act, No. 36 of 1972]

[17th August, 1972]

PREAMBLE

An Act to provide for the acquisition and transfer of the right, title and interest of the owners of the coking coal mines specified in the First Schedule, and the right, title and interest of the owners of such coke oven plants as are in or about the said coking coal mines with a view to reorganising and reconstructing such mines and plants for the purpose of protecting, conserving and promoting scientific development of the resources of coking coal needed to meet the growing requirements of the iron and steel industry and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:--

Chapter I

Section 1. Short title and commencement

(1) This Act may be called the Coking Coal Mines (Nationalisation) Act, 1972.

(2) The provisions of sections 30 and 31 shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 1st day of May, 1972.

Section 2. Declaration as to the policy of the State

It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clause (b) of article 39 of the Constitution.

Explanation.-- In this section, "State" has the same meaning as in article 12 of the Constitution.

Section 3. Definitions

In this Act, unless the context otherwise requires,--

(a) "appointed day" means the 1st day of May, 1972;

(b) "coke oven plant" means the plant and equipment with which the manufacture of hard coke has been, or is being, carried on, and includes--

(i) all lands, buildings, works, machinery and equipment, vehicles, railway, tramways and sidings, belonging to, or in, the coke oven plant,

(ii) all workshops belonging to the coke oven plant, including buildings, machinery, instrument, stores, equipment of such workshops and the lands on which such workshops stand,

(iii) all coke in stock or under production, and other stores, stocks and instruments, belonging to the coke oven plant,

(iv) all power station belonging to the coke oven plant or operated for supplying electricity for the purpose of working of coke oven plant or a number of coke oven plants,

(v) all lands, buildings and equipment belonging to the coke oven plant where the washing of coal is carried on,

(vi) all other fixed assets movable or immovable, and current assets belonging to a coke oven plant, whether within its premises or outside.

1 [Explanation.-- The expression "current assets" does not include,--

(a) dues representing the sale of coal and coal products effected at any time before the appointed day and outstanding immediately before the said day;

(b) dues from the Coal Board, established under section 4 of the Coal Mines (Conservation, Safety and Development) Act, 1952, prior to the repeal of the said Act, with respect to any period before the appointed day;

(c) dues from sundry debtors, loans and advances to other parties and investments, not being investments in the coke oven plant;

(d) security deposits made by the owners with the Coal Controller appointed by the Central Government or with the Railways for the fulfilment of contracts or with a State Electricity Board for the payment of bills;

(e) earnest money deposited by the owners with the Railways for obtaining contracts;]

(c) "coking coal mine" means a coal mine in which there exists one or more seams of coking coal, whether exclusively or in addition to any seam of other coal;

(d) "company" means a company as defined in section 3 of the Companies Act, 1956, and includes a foreign company within the meaning of section 591 of that Act;

(e) "Commissioner" means the Commissioner of Payments appointed under section 20;

(f) "Custodian" means the Custodian appointed under sub-section (2) of section 14, to take over, or carry on, the management of a coking coal mine or coke oven plant;

(g) "date of assent" means the date on which assent is given by the President to this Act;

(h) "Government company" has the meaning assigned to it by section 617 of the Companies Act, 1956.

(i) "managing contractor" means the person or body of persons, who with the previous consent in writing of the State Government, has entered into an arrangement, contract or understanding, with the owner of a coking coal mine or coke oven plant under which the operations of the coking coal mine or coke oven plant are substantially controlled by such person or body of persons;

(j) "mine" means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, and includes--

(i) all borings and bore holes;

(ii) all shafts adjacent to, and belonging to or in, a mine, whether in the course of being sunk or not;

(iii) all levels and inclined planes in the course of being driven;

(iv) all open cast working;

(v) all conveyors or aerial ropeways provided for bringing into or removal from a mine of minerals or other articles or for the removal of refuse therefrom;

(vi) all lands, buildings works, adits, levels, planes, machinery and equipment, vehicles, railways, tramways and siding belonging to, or in, or about, a mine;

(vii) all workshops belonging to, or in, a mine including buildings, machinery, instruments, stores, equipment of such workshops and the lands on which such workshops stand;

(viii) all coal in stock or in transit or under production and other stores, stocks and instruments belonging to, or in, a mine;

(ix) all power stations belonging to, or in, a mine or operated for supplying electricity for the purpose of working the mine or a number of mines;

(x) all lands, buildings and equipment belonging to, or in, a mine where the washing of coal or manufacture of coke is carried on;

(xi) all other fixed assets, movable or immovable, and current assets, belonging to a mine, whether within its premises or outside.

1 [Explanation.-- The expression "current assets" does not include,--

(a) dues representing the sale of coal and coal products effected at any time before the appointed day and outstanding immediately before the said day;

(b) dues from the Coal Board, established under section 4 of the Coal Mines (Conservation, Safety and Development) Act, 1952, prior to the repeal of the said Act, with respect to any period before the appointed day;

(c) dues from sundry debtors, loans and advances to other parties and investments not being investments in the coking coal mine;

(d) security deposits made by the owners with the Coal Controller appointed by the Central Government or with the Railways for the fulfilment of contracts or with a State Electricity Board for the payment of bills;

(e) earnest money deposited by the owners with the Railways for obtaining contracts;]

(k) "Mineral Concession Rules" means the rules, for the time being in force, made under the Mines and Minerals (Regulation and Development) Act, 1957;

(l) "mining company" means a company owning a coking coal mine, and in relation to a foreign company within the meaning of section 591 of the Companies Act, 1956, the undertaking of that company in India;

(m) "notification" means a notification published in the Official Gazette; (n) "owner,"--

(i) when used in relation to a mine, has the meaning assigned to in the Mines Act, 1952.

(ii) when used in relation to a coke oven plant, means any person who is the immediate proprietor or lessee or occupier of the coke oven plant or any part thereof or is a contractor for the working of the coke oven plant or any part thereof.

(o) "prescribed" means prescribed by rules made under this Act;

(p) "scheduled bank" means a bank included for the time being in the Second Schedule to the Reserve Bank of India Act, 1934;

(q) "specified date" means such date2 as the Central Government may, for the purpose of any provision of this Act, by notification, specify; and different dates may be specified for different provisions of this Act;

(r) words and expressions used herein and not defined but defined in the Coal Mines (Conservation, Safety and Development) Act, 1952, have the meanings, respectively, assigned to them in that Act;

(s) words and expressions used herein and not defined in this Act or in the Coal Mines (Conservation, Safety and Development) Act, 1952, but defined in the Mines Act, 1952 shall have the meanings, respectively, assigned to them in the Mines Act, 1952.

1. Explanation substituted and deemed to have been substituted w.e.f. 1 -5-1972 by the Coal Mines Nationalisation Laws (Amdt.) Act (22 of 1978), S. 2.

2. 1-11-l973 is so specified.


Chapter II

Section 4. Acquisition of right in coking coal mines

(1) On the appointed day, the right, title and interest of the owners in relation to the coking coal mines specified in the First Schedule shall stand transferred to, and shall vest absolutely, in the Central Government, free from all incumbrances.

1[(2) * * *]

2[(3) If after the appointed day, the Central Government is satisfied, whether from any information received by it or otherwise, that there has been any error, omission or misdescription in relation to the particulars of a coking coal mine included in the First Schedule or the name and address of the owner of any such coking coal mine, it may, by notification, correct such error, omission or misdescription, and on the issue of such notification the relevant entries in the First Schedule shall be, and shall be deemed always to have been, corrected accordingly:

Provided that no such correction in relation to the ownership of a coking coal mine shall be made where such ownership is in dispute.]

1. Sub-sec. (2) omitted and deemed to have been omitted w.e.f. 1-6-1972 by the Coal Mines Nationalisation Laws (Amdt.) Act (57 of 1986), S. 2.

2. Inserted by the Coking and Non-Coking Coal Mines (Nationalisation) (Amdt.) Act (41 of 1973), S. 2 (w.r.e.f. 1-5-1972).


Section 5. Acquisition of rights of owners of coke oven plants

5. 1[(1)] Acquisition of rights of owners of coke oven plants.--

On the appointed day, the right, title and interest of the owners of each of the coke oven plants specified in the Second Schedule, being the coke oven plants which are situated in or about the coking coal mines specified in.the First Schedule, shall stand transferred to, and shall vest absolutely in, the Central Government, free from all incumbrances.

1[2) If after the appointed day, the Central Government is satisfied, whether from any information received by it or otherwise, that there has been any error, omission or misdescription in relation to the particulars of a coke oven plant included in the Second Schedule or the name and address of the owner of any such coke oven plant, it may, by notification, correct such error, omission or misdescription, and on the issue of such notification, the relevant entries in the Second Schedule shall be, and shall be deemed always to have been, corrected accordingly:

Provided that no such correction in relation to the ownership of a coke oven plant shall be made where such ownership is in dispute.]

1. Section 5 re-numbered as sub-section (1) and after re-numbered sub-section (1), sub-section (2) inserted by Coking and Non-coking Coal Mines (Nationalisation) (Amdt.) Act (41 of 1973), S. 3 (w.r.e.f. 1-5-72).


Section 6. Central Government to be the lessee of the State Government

(1) Where the rights of an owner under any mining lease granted, or deemed to have been granted, in relation to a coking coal mine, by a State Government or any other person, vest in the Central Government under section 4, the Central Government shall, on and from the date of such vesting, be deemed to have become the lessee of the State Government or such other person, as the case may be, in relation to such coking coal mine1[as if a fresh mining lease] in relation to such coking coal mine had been granted to the Central Government under the Mineral Concession Rules, the period of such lease2[shall be the maximum period] for which such lease could have been granted by the State Government or such other person under those Rules and, thereupon, all the rights under such mining lease, including surface, underground and other rights granted to the lessee shall be deemed to have been transferred to, and vested in, the Central Government.

(2) On the expiry of the term of any lease, referred to in sub-section (1), such lease shall, if so desired by the Central Government be renewed,3[* * * * *] by the lessor for the maximum period for which such lease can be renewed under the Mineral Concession Rules.

1. Substituted for the words "as if a mining lease" by the Coal Mines Nationalisation Laws (Amdt.) Act (57 of 1986), S. 3 (w.r.e.f. 1-5-1972).

2. Substituted for the words "being the entire period" by the Coal Mines Nationalisation Laws (Amdt.) Act (57 of 1986), S. 3 (w.r.e.f. 1-5-1972).

3. Words "on the same terms and conditions on which the lease was held on appointed day", omitted by the Coal Mines Nationalisation Laws (Amdt.) Act (57 of 1986), S. 3 (w.r.e.f. 1-5-1972).


Section 7. Power of Central Government to direct vesting rights in a Government company

(1) Notwithstanding anything contained in sections 4 to 6 (both inclusive), the Central Government may, if it is satisfied that a Government company is willing to comply, or has complied with such terms and conditions as that Government may think fit to impose, direct, by an order in writing, that the right, title and interest of an owner in relation to a coking coal mine or coke oven plant referred to, respectively, in section 4 or section 5 shall, instead of continuing to vest in the Central Government, vest in the Government company either on the date of publication of the direction or on such earlier or later date (not being a date earlier than the appointed day), as may be specified in the direction.

(2) Where the right, title and interest of an owner in relation to a coking coal mine or coke oven plant vest in a Government company under sub-section (1), the Government company shall, on and from the date of such vesting, be deemed to have become--

(a) the lessee in relation to such coking coal mine as if a mining lease in relation to such coking mine had been granted to the Government company under the Mineral Concession Rules, the period of such lease being the entire period for which such lease could have been granted under those Rules;

(b) the owner of the coke oven plant, and all the rights and liabilities of the Central Government in relation to such coking coal mine or coke oven plant shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of the Government company.

(3) The provisions of sub-section (2) of section 6 shall apply to lease which vests in Government company as they apply to a lease vested in the Central Government and reference therein to the Central Government shall be construed as reference to the Government company.

Section 8. Properties vesting in Central Government to be freed from mortgages, etc

(1) All property which vests in the Central Government or in a Government company under this Cahpter shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, Hen and all other incumbrances affecting it and any attachment, injunction or decree or order of any Court restricting the use of such property in any manner shall be deemed to have been withdrawn.

(2) Every mortgagee of any property which has vested under this Act in the Central Government or,in a Government company, and every person holding any charge, lien or other interest in or in relation to any such property shall give, within such time and in such manner as may be prescribed, an intimation to the Commissioner of such mortgage, charge lien or other interest.

(3) For the removal of doubts, it is hereby delcared that the mortgagee of any property referred to in sub-section (1) or any other person holding any charge, lien or other interest in, or in relation to any such property shall be entitled to claim payment of the mortgage money or other dues, in whole or in part, out of the amount specified in relation to such property in the First Schedule or the Second Schedule, as the case may be, but no such mortgage, charge or lien or other interest shall be enforceable against any such property of the Central Government or the Government company.

Section 9. Central Government not to be liable for prior liabilities

(1) Every liability of the owner, agent, manager or managing contractor of a coking coal mine or coke oven plant, in relation to any period prior to the appointed day, shall be the liability of such owner, agent, manager or managing contractor, as the case may be, and shall be enforceable against him and not against the Central Government or the Government company.

(2) For the removal of doubts, it is hereby declared that--

(a) save as otherwise provided elsewhere in this Act, no claim for wages, bonus, royalty, rate, rent, taxes, provident fund, pension, gratuity or any other dues in relation to a coking coal mine or coke oven plant in repsect of any period prior to the appointed day, shall be enforceable against the Central Government or the Government company;

(b) no award, decree or order of any Court, tribunal or other authority in relation to any coking coal mine or coke oven plant passed after the appointed day, but in relation to any matter, claim or dispute which arose before that day, shall be enforceable against the Central Government or the Government company;

(c) no liability for the contravention of any provision of law for the time being in force, made before the appointed day, shall be enforceable against the Central Government or the Government company.

Chapter III

Section 10. Payment of amount to owners of coking coal mines

1[(1)] The owner of every coking coal mine or group of coking coal mines specified in the second column of the First Schedule, shall be given by the Central Government, in cash and in the manner specified in section 21, for vesting in it, under section 4, the right, title and interest of the owner in relation to such coking coal mine or group of coking coal mines, an amount equal to the amount specified against it in the corresponding entry in the fifth column of the said Schedule.

1[(2) For the removal of doubts, it is hereby declared that the amount specified in the fifth column of the First Schedule against any coking coal mine or group of coking coal mines specified in the second column of the said Schedule and required to be given by the Central Government to its owner under sub-section (1) shall be deemed to include, and deemed always to have included, the amount required to be paid to such owner in respect of all coal in stock or other assets referred to in clause (j) of section 3 on the date immediately before the appointed day and no further amount shall be payable to the owner in respect of such coal or other assets.]

1. Section 10 re-numbered as sub-sec. (1) and sub-sec. (2) inserted by the Coal Mines Nationalisation Laws (Amdt.) Act (57 of 1986), S. 4 (w.r.e.f. 1-5-1972).


Section 11. Payment of amount to owners of coke oven plants

1[(1)] The owner of every coke oven plant specified in the second column of the Second Schedule shall be given by the Central Government, in cash and in the manner specified in section 21, for vesting in it, under section 5, the right, title and interest of the owner in relation to such coke oven plant, an amount equal to the amount specified against it in the corresponding entry in the fifth column of the said Schedule.

1[(2) For the removal of doubts, it is hereby declared that the amount specified in the fifth column of the Second Schedule against any coke oven plant specified in the second column of the said Schedule and required to be given by the Central Government to its owner under sub­section (1) shall be deemed to include, and deemed always to have been included, the amount required to be paid to such owner in respect of all coke in stock or other assets referred to in clause (b) of section 3 on the date immediately before the appointed day and no further amount shall be payable to the owner in respect of such coke or other assets.]

1. Section 11 re-numbered as sub-sec. (1) and sub-sec. (2) inserted by the Coal Mines Nationalisation Laws (Amdt.) Act (57 of 1986). S. 4 (w.r.e.f. 1-5-1972).